Florida tort law governs civil claims in which a person or business is held legally responsible for causing harm to another through negligence, intentional misconduct, or strict liability. Its primary purpose is to compensate injured parties rather than to punish wrongdoers criminally. Common Florida tort claims include auto accidents, premises liability (such as slip and fall cases), medical malpractice, product liability, defamation, and wrongful death. To succeed in most tort cases, a plaintiff must prove duty, breach, causation, and damages, showing that the defendant owed a legal duty of care, violated that duty, and directly caused measurable harm.
Florida follows a comparative negligence system, meaning a plaintiff’s recovery is reduced by their percentage of fault, but they may still recover damages even if they are primarily at fault, subject to statutory limits and recent reforms. Florida law also places specific requirements and caps on certain claims, particularly in medical malpractice cases, including presuit notice and expert affidavit requirements. Damages in Florida tort cases may include economic damages (such as medical bills and lost income), non-economic damages (such as pain and suffering), and in limited circumstances, punitive damages for intentional misconduct or gross negligence.
Florida tort law is also shaped by statutes of limitations, which set strict deadlines for filing lawsuits, and by sovereign immunity rules that limit claims against government entities. Recent legislative changes have emphasized reducing litigation costs, limiting excessive damages, and increasing evidentiary standards in negligence actions. Overall, Florida’s tort system balances the rights of injured individuals to seek compensation with protections designed to prevent abusive or speculative lawsuits.
